The Patent Trial and Appeal Board (PTAB) has developed a notable approach over the past decade when it comes to evaluating prior art exceptions under 35 U.S.C. § 102(b). A key takeaway in this ongoing assessment is the PTAB’s inclination towards accepting evidence of common ownership as a viable method to disqualify prior art under 35 U.S.C. § 102(b)(2)(C) during the institution stage. This trend highlights the heightened importance of establishing ownership connections when contesting prior art disqualifications.
For a more detailed analysis, industry professionals can refer to the article by Louis Panzica and David Holman, available on Law360.